National Training Board (Apprenticeship and Training) Regulations 2009
1
NATIONAL TRAINING BOARD (APPRENTICESHIP AND
TRAINING) REGULATIONS 2009
BR 82/2009
TABLE OF CONTENTS
PART 1
PRELIMINARY PROVISIONS
1 Citation
2 Interpretation
3 Forms
PART 2
CONTRACT OF
APPRENTICESHIP AND
TRAINING
4 Employing an apprentice
or trainee
5 Registering a contract of
apprenticeship or training
6 Approval of transfer of
contract
7 Probationary period
8 Agreement to extend or
terminate contract
9 Extension or termination
of contract by the Board
PART 3
COMPLETION AND
CERTIFICATE
10 Notice of completion of
apprenticeship or training
11 Certificate of completion
and proficiency
PART 4
MISCELLANEOUS AND FINAL
PROVISIONS
12 Supervisor vacating
position
13 Record of employment
14 Return of employer
15 Commencement
SCHEDULE
FORMS
The National Training Board, with the approval of the Minister
responsible for the National Training Board, in exercise of the powers
conferred by section 28 of the National Training Board Act 1997, makes
the following Regulations:
NATIONAL TRAINING BOARD (APPRENTICESHIP AND
TRAINING) REGULATIONS 2009
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PART 1
PRELIMINARY PROVISIONS
Citation
1 These Regulations may be cited as the National Training Board
(Apprenticeship and Training) Regulations 2009.
Interpretation
2 In these Regulations—
“the Act” means the National Training Board Act 1997;
“record book” means the record of employment in respect of an
apprentice or trainee pursuant to section 21 of the Act.
Forms
3 The Forms referred to in these Regulations are set out in the
Schedule.
PART 2
CONTRACT OF APPRENTICESHIP AND TRAINING
Employing an apprentice or trainee
4 A person who wishes to employ an apprentice or trainee under
section 12 of the Act shall, before doing so, apply to the Board in
writing—
(a) for permission to do so; and
(b) for approval of the appointment of a person as the
supervisor of the apprentice or trainee under section 26
of the Act.
Registering a contract of apprenticeship or training
5 (1) Every contract of apprenticeship or training made pursuant
to section 15 of the Act shall be in the form set out in Form 1.
(2) The Board may approve variations to the form of contract in
respect of matters relating to an employer, apprentice, trainee or
occupation.
(3) An employer who lodges a contract for registration shall, if
the apprentice or trainee is a minor, lodge at the same time—
(a) written proof that the minor is not of compulsory school
age under section 40 of the Education Act 1996;
NATIONAL TRAINING BOARD (APPRENTICESHIP AND
TRAINING) REGULATIONS 2009
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(b) the consent, in writing, required under section 13(2) of
the Act, or an order of a magistrate dispensing with
consent under section 13(3) of the Act; and
(c) the medical certificate required under section 14(1) of
the Act.
(4) A person who enters into a contract of apprenticeship or
training shall not employ or be employed as an apprentice or trainee
unless the contract has been registered by the Executive Officer.
(5) Where the Executive Officer registers a contract, he shall
issue an identification card to the apprentice or trainee.
Approval of transfer of contract
6 (1) Where an employer (the “first employer”), the apprentice or
trainee, and another employer (the “second employer”) agree to transfer
the rights and obligations of a contract, they shall sign an instrument of
transfer indicating their consent to the transfer.
(2) The second employer shall, no later than one month from
the date on which he signed the instrument of transfer, apply to the
Board for approval of the transfer.
(3) An application made under paragraph (2) shall be
accompanied by the following—
(a) the signed instrument of transfer;
(b) where the apprentice or trainee is a minor, the consent
in writing, as is required under section 13(2) of the Act,
or an order of a magistrate dispensing with consent as is
required under section 13(3) of the Act; and
(c) where the second employer does not have approval to
employ an apprentice or trainee—
(i) an application to employ an apprentice or
trainee; and
(ii) an application to approve the person appointed
as the supervisor of the apprentice or trainee.
(4) Where an application to transfer has been approved, the
first employer shall send to the Executive Officer the original and the two
endorsed copies of the contract, together with any record books in
respect of the apprentice or trainee.
(5) The Executive Officer shall—
NATIONAL TRAINING BOARD (APPRENTICESHIP AND
TRAINING) REGULATIONS 2009
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(a) further endorse the particulars of registration of the
second employer on the original, the two copies, and the
filed copy of the contract;
(b) send to the second employer—
(i) the original contract;
(ii) the original instrument of transfer;
(iii) any record books in respect of the apprentice or
trainee; and
(iv) the two copies of the contract;
(c) make and send a copy of the contract to the first
employer; and
(d) notify the Registrar-General of the transfer.
Probationary period
7 (1) At the end of a probationary period, an employer shall
conduct and submit to the Board an evaluation of the performance of the
apprentice or trainee.
(2) An employer, or an apprentice or trainee, who wishes to
apply to the Board to have the probationary period extended or reduced
under section 19 of the Act, shall do so in writing stating the reason for
the requested extension or reduction.
Agreement to extend or terminate contract
8 (1) Where, after the probationary period has expired, the
parties agree to extend or terminate a contract under section 18(1)(a) of
the Act, the parties shall sign a written agreement to the extension or
termination.
(2) The employer shall notify the Executive Officer, in writing,
no later than thirty days after the date on which the agreement to extend
or terminate the contract was signed by the parties.
(3) The notice shall be accompanied by the signed agreement,
and where the apprentice or trainee is a minor the consent, in writing, as
is required under section 13(2) of the Act, or an order of a magistrate
dispensing with consent as is required under section 13(3) of the Act.
(4) The Executive Officer shall notify the Registrar-General that
a contract has been extended or terminated.
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TRAINING) REGULATIONS 2009
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Extension or termination of contract by the Board
9 (1) Subject to paragraph (2), where only one party wishes to
extend or terminate a contract under section 18(1)(b) of the Act, that
party may apply to the Board in writing.
(2) Where the party applying under paragraph (1) is a minor,
the application shall be accompanied by the consent, in writing, as is
required under section 13(2) of the Act, or an order of a magistrate
dispensing with consent as is required under section 13(3) of the Act.
(3) The Board shall notify the Registrar-General where it
extends or terminates a contract.
PART 3
COMPLETION AND CERTIFICATE
Notice of completion of apprenticeship or training
10 No later than thirty days after an apprentice or trainee has
completed a period of apprenticeship or training, the employer shall give
notice of the completion to the Executive Officer in Form 2.
Certificate of completion and proficiency
11 (1) Where an apprentice or trainee has completed a period of
apprenticeship or training he may, upon payment of the fee of $50, apply
to the Board for a certificate of completion and proficiency.
(2) Before issuing a certificate under paragraph (1), the Board
shall satisfy itself that the apprentice or trainee has—
(a) successfully completed the practical and theoretical
training required by the scheme which is applicable to
the apprentice or trainee; and
(b) met the standard of proficiency required by that scheme.
PART 4
MISCELLANEOUS AND FINAL PROVISIONS
Supervisor vacating position
12 Where a person vacates the position of supervisor, the employer
shall notify the Board, in writing, no later than seven days after the
person vacates the position and shall, at the same time, seek the
approval of the Board for the appointment of another person as the
supervisor.
NATIONAL TRAINING BOARD (APPRENTICESHIP AND
TRAINING) REGULATIONS 2009
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Record of employment
13 Record books kept in respect of an apprentice or trainee
pursuant to section 21 of the Act shall be in the form approved by the
Board and shall be—
(a) updated and signed by the employer each week;
(b) submitted to the Board by the employer—
(i) no later than fourteen days after the date on
which the last entry was made in a record book
that is full; or
(ii) no later than thirty days from the date of
termination of a contract; or
(iii) no later than thirty days after an apprentice or
trainee has completed a period of apprenticeship
or training.
Return of employer
14 (1) An employer of an apprentice or trainee shall furnish to the
Board a return pursuant to section 28(1)(c) of the Act for each year
ending 31 March.
(2) The return shall be in the form set out in Form 3 and
submitted to the Board no later than 30 April of each year.
Commencement
15 These Regulations come into operation on 31 December 2009.
NATIONAL TRAINING BOARD (APPRENTICESHIP AND
TRAINING) REGULATIONS 2009
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SCHEDULE
FORM 1
(regulation 5)
CONTRACT OF APPRENTICESHIP OR TRAINING
WHEREAS [name of employer] (“the employer”) has permission,
under the National Training Board Act 1997, to employ an apprentice or
trainee; and
WHEREAS [name of apprentice or trainee] (“the apprentice” or
“the trainee”) is entitled under the National Training Board Act 1997 to
enter into a contract of apprenticeship or training;
NOW THEREFORE the employer and the apprentice or trainee
agree to be bound by the following terms and conditions:
Training Scheme
1. The apprentice or trainee is employed by the employer in the
occupation of [name of occupation] under a training scheme of
the National Training Board leading to certification under the
National Training Board Act 1997 and national certification
under the National Occupational Certification Act 2004.
2. The employer shall facilitate and the apprentice or trainee shall
participate in the training scheme as follows:
Year
Practical
Training
(no. of
hours)
Theoretical
Training
(list courses)
Examinations
Other
Requirements
and Conditions
(vocational
competencies,
etc)
1
2
3
Probationary Period
3. This contract is subject to a [three month] [two month]
probationary period during which time the contract may be
NATIONAL TRAINING BOARD (APPRENTICESHIP AND
TRAINING) REGULATIONS 2009
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terminated by either party, or extended or reduced upon
application to the Board by either party.
4. At the end of the probationary period, the employer will conduct
an evaluation of the performance of the apprentice or trainee
and will submit the evaluation to the National Training Board.
Term of Contract
5. The term of this contract is for a period of [number of years]
commencing on [date] and ending on [date] and may be extended
or reduced by mutual agreement of the parties, or by the
National Training Board.
Hours of Work and Place of Work
6. The apprentice or trainee will work [number] hours per week from
[day] to [day] beginning at [blank] a.m. and ending at [blank] p.m.
7. The usual place of work of the apprentice or trainee is [address],
but he may be required to work at [specify other addresses or
locations].
Remuneration, Benefits, and Deductions
8. The employer shall pay to the apprentice or trainee no less than
the amount of the minimum wage set out in the training scheme
for hours worked.
9. The employer shall arrange for the apprentice or trainee to
receive his wages by [means and frequency of payment].
10. The apprentice or trainee is entitled to [number] days of paid
annual vacation leave, in addition to statutory public holidays.
11. The apprentice or trainee is entitled to sick leave, maternity or
paternity leave, membership in the employer’s health insurance
plan, and membership in the employer’s pension plan.
12. The employer is entitled to deduct from the wages of the
apprentice or trainee—
(a) payroll tax under section 4(1A) of the Payroll Tax Rates Act
1995 at the rate of [blank] %; and
(b) social insurance contributions under the Contributory
Pensions Act 1970.
NATIONAL TRAINING BOARD (APPRENTICESHIP AND
TRAINING) REGULATIONS 2009
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Responsibilities of employer and the apprentice or trainee
13. The apprentice or trainee shall comply with all lawful
instructions or directions given to him by the employer or the
supervisor.
14. The apprentice or trainee shall at all times during the
performance of his tasks, assignments and duties, adhere to all
rules, regulations and policies which are or may be established
by the employer.
15. All data or other information concerning the employer obtained
by the apprentice or trainee during the course of his employment
shall be treated as confidential and shall not be disclosed by him
to any other person without the written consent of the employer.
16. The discipline and grievance procedure to be followed are the
procedures set out in the [company or employee handbook] as
read with the [name and date of the relevant collective agreement].
17. The employer and the apprentice or trainee shall comply with the
additional duties set out in the Schedule which forms a part of
this contract.
18. The employer shall lodge this contract with the National Training
Board for registration within six weeks of its being signed by
both parties.
Jurisdiction
19. This contract is governed by the laws of Bermuda, in particular,
the National Training Board Act 1997, the National Occupational
Certification Act 2004, and the Employment Act 2000.
Interpretation
20. Words importing the masculine gender include the feminine
gender.
Registration of Contract
21. This contract is not binding unless it is registered by the
National Training Board.
22. The employer shall not employ, and the apprentice or trainee
shall not be employed as, an apprentice or trainee under the
NATIONAL TRAINING BOARD (APPRENTICESHIP AND
TRAINING) REGULATIONS 2009
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terms of this contract unless the contract is registered by the
National Training Board.
[Insert any additional terms or conditions agreed to by the parties (which
shall be subject to approval by the Board).]
SCHEDULE
(paragraph 17)
Additional Duties and Responsibilities
A. The apprentice or trainee shall—
(i) show due regard for the tools and goods of the employer
so as to avoid damage, waste or loss;
(ii) adhere to the employer’s dress code and all safety
procedures;
(iii) provide to the employer satisfactory reasons for any
absence from employment;
(iv) complete the practical training assigned by the
supervisor;
(v) ensure, as far as possible, that the record book is kept
up to date, accurate, and signed weekly by the employer;
(vi) carry the identification card at all times while at work
and produce it upon request;
(vii) complete any additional training that may be identified
by the employer or the Board;
(viii) attend the required theoretical training;
(ix) acquire text books and other supplies required for the
theoretical training;
(x) notify employer of any other employment or change in
employment;
(xi) notify the employer of any change in personal details
including address and contact information.
B. The employer shall—
(i) provide the apprentice or trainee with practical training
in all aspects of the occupation as required by the
training scheme in so far as the facilities and the nature
of the employer’s work will permit;
(ii) ensure appropriate supervision of the apprentice or
trainee;
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TRAINING) REGULATIONS 2009
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(iii) allow the apprentice or trainee time off from work to
attend the required theoretical training;
(iv) record the progress of the apprentice or trainee;
(v) accurately record, update, and sign on a weekly basis
the record book of the apprentice or trainee;
(vi) submit to the Board or the Executive Officer all forms
and other documents that are required by the National
Training Board Act 1997;
(vii) notify the Executive Officer of any change in the
personal details of the apprentice or trainee.
IN WITNESS WHEREOF the employer and the apprentice or
trainee have hereto set their hands this [blank] day of [blank] 20[blank].
Signature of Apprentice or Trainee:
Full Name:
[address]
Signature of Parent or Guardian:
Full Name:
[address]
Signature of Witness:
Full Name:
[address]
Signature (on behalf of Employer):
Full Name:
Position Held:
[address]
Signature of Witness:
Full Name:
[address]
NATIONAL TRAINING BOARD (APPRENTICESHIP AND
TRAINING) REGULATIONS 2009
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FORM 2
(regulation 10)
NOTICE OF COMPLETION OF APPRENTICESHIP OR TRAINING
[date]
National Training Board
Hamilton, Bermuda
Please be informed that on [date], [name of apprentice or trainee]
completed, to my satisfaction, a period of apprenticeship or training in
the occupation of [name of occupation] under a contract of employment
reference [number] dated [date].
Signature (on behalf of Employer):
Full Name:
Position Held:
[address]
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TRAINING) REGULATIONS 2009
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FORM 3
(regulation 14)
ANNUAL RETURN OF EMPLOYER
(to be completed by employer for the year ending 31 March and submitted
to the National Training Board by 30 April)
(Employer to keep records to which return relates for examination by the
Board)
Name of employer:
Part A
Contracts
No. of
Apprentices
in training
scheme at
31 March
20[blank]
No. of
Contracts
Transferred
No. of
Contracts
Completed
No. of
Contracts
Terminated
No. of
Contracts
Subsisting at
31 March
20[blank]
No. of
Trainees in
training
scheme at
31 March
20[blank]
No. of
Contracts
Transferred
No. of
Contracts
Completed
No. of
Contracts
Terminated
No. of
Contracts
Subsisting at
31 March
20[blank]
NATIONAL TRAINING BOARD (APPRENTICESHIP AND
TRAINING) REGULATIONS 2009
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Part B
Report on Apprentice or Trainee
(add additional page if necessary)
Full name of Apprentice or Trainee:
Occupation:
Registration No. No. of days absent from work:
Total no. of hours worked: Total wages paid:
Summary of progress and conduct of apprentice or trainee:
Skills acquired by Apprentice or Trainee:
Signature (on behalf of Employer):
Full Name:
Position Held:
[address]
Approved this 23rd day of December, 2009
Minister of Labour, Home Affairs and Housing
Made this 23rd day of December, 2009
National Training Board
